MY TV PET STAR | TERMS & CONDITIONS

TERMS & CONDITIONS

This website and the services provided by My TV Pet Star Limited are provided according to the Terms and Conditions set out in this Agreement.

When registering with My TV Pet Star you are entering into a formal agreement with My TV Pet Star Limited and this Agreement is governed by the law of England and Wales.

Anyone wishing to use this website and the services provided, including (but not limited to) pet owners, animal suppliers, directors, producers, booking agents, advertising agencies and production companies, must read and adhere to the Terms and Conditions. When registering with My TV Pet Star you will be required to confirm that you have read and agree to the Terms and Conditions contained herein.

The Terms and Conditions will be updated as and when deemed appropriate by the management of My TV Pet Star and it is your responsibility to read any changes as and when you are notified that the terms and conditions have been updated. You have the right to terminate if any changes to the Terms and Conditions are deemed unacceptable.

1. Definitions

"Assignment" means any services requested by a Client in connection with any form of filming, advertising, entertainment, leisure, marketing or public relations activities that it is proposed that the Talent undertakes.

"Client" means any third party individual, partnership, company or other organisation or entity which contracts with the Agency with a view to procuring the services of the Talent in respect of an Assignment.

"Agency" means My TV Pet Star Limited, registered number 07275714

"Registration" means the act of registering with the Agency and the agreement to be represented by the Agency.

"Registration Fee" means the sum payable to the Agency at the time of registration by the Owner or the Client

"Commission" means the sum payable to the Agency by the Client

"Talent" means any animal registered with the Agency.

"Owner" means the person who registers the Talent with the Agency and has the legal authority to negotiate fees and the conditions of all Assignments on behalf of the Talent with the Agency.

"Representation" means the representation provided by the Agency to the Owner on behalf of the Talent

"Term of Registration" means the period that commences on registration until the time of termination of the Registration

"Agreement" means the agreement entered into by the Agency and the Owner on Registration, subject to the Terms and Conditions

"Terms and Conditions" means the terms and conditions as displayed on this page, which are subject to periodic amendment by the management.

"The Website" is the online content published at
www.mytvpetstar.com and any other related sites that may point to the same content.

2. Appointment

2.1 The Agency will, subject to the Owner’s acceptance of these Terms and Conditions, act as the Talent’s agent and provide Representation to negotiate and conclude agreements with Clients in respect of Assignments

2.2 The Owner appoints the Agency as the talent's sole and exclusive agent and the Agency will negotiate all assignments on behalf of the Owner. However, the Agency will operate on a non-exclusive basis where the Owner is a registered animal supplier.

2.3 In cases where the Owner is a registered animal supplier, the Owner will be free to negotiate directly with clients, provided they are not clients that have contacted the Agency in the first instance or been introduced to the Owner by the Agency.

2.4 The Owner grants the Agency sole authority on behalf of the Talent to collect and receive all gross income arising out of any Assignment (including Fees) undertaken by the Talent during the Term of Registration, and also after the expiry of the Term of Registration to the extent that such gross income arises out of any Assignments negotiated by the Agency during the Term of Registration. The only exclusions will be the cases outlined in 2.3

3. The Owner’s Obligations

3.1 The Owner confirms that he or she is the legal owner of the Talent and is legally entitled to offer the services of the Talent to the Agency.

3.2 The Owner indemnifies the Agency against any action that may result from a third party disputing the Owner’s right to enter into this agreement.

3.3 The Owner shall not without the consent in writing of a duly authorised representative of the Agency expose, reveal or make public any information in connection with the business of the Agency, all of which information is to be regarded by the Owner as of a strictly confidential nature

3.4 The owner warrants to the Agency that he/she is entitled to accept the Agency’s offer of Representation and that there is no existing written or oral agreement with any third party which conflicts with or is contrary to or in some way inhibits the rights granted to the Agency

3.5 The Owner shall whenever the Talent is carrying out an Assignment endeavour to ensure that the Talent does so to the best of the Talent’s ability and the Owner shall act at all times in a professional and courteous manner and in the best interests of the Agency (which includes attending Assignments punctually)

3.6 The Owner shall comply with all rules and regulations relating to health and safety, fire prevention or general administration which may be in place at the premises of a Client or at a location where an Assignment is being performed

3.7 The Owner shall keep the Agency informed of any significant changes to the appearance, ability or availability of the Talent and agrees to regularly update their pictures accordingly.

3.8 The Owner undertakes to indemnify and keep fully indemnified the Agency at all times from and against any actions, proceedings, claims, demands, costs (to include without prejudicing the generality of this clause, the legal costs of the Agency), awards or damages howsoever arising directly or indirectly as a result of any breach or non-attendance by the Talent of any of the Talent’s obligations, undertakings or warranties as set out within these Terms and Conditions

3.9 It is the Owner’s responsibility to ensure that the Talent is always transported in suitable containers where required and while waiting on location to supervise and be responsible for the Talent, particularly in the interaction with other persons or animals.

4. The Agency’s Obligation

4.1 Subject always to the performance and strict observance by the Owner of all of the Talent’s obligations hereunder the Agency shall use all of its reasonable endeavours to secure Assignments suitable for the Talent. For the avoidance of doubt, the primary and often sole method by which the Agency shall seek to secure Assignments for its Talent is by use of The Website.

4.2 The work-finding services provided by the Agency may also from time to time include other associated services. This may include (but is not limited to) direct marketing to Clients or former Clients, promotion on social networking websites or blogs such as Twitter, Facebook and any other such site.

4.21 The Owner grants the Agency the non-exclusive rights to use all content and images provided by the Owner for any promotional purposes whatsoever including (but not limited to) the examples given in 4.2

4.3 Registration with the Agency guarantees a page on The Website dedicated to the Talent.

4.4 The Agency shall provide the Representation to the Owner throughout the Term of Registration in such manner as it in its sole discretion believes is necessary in order to comply with its obligation as set out in 4.1

4.5 Where required the Agency will appoint a registered Animal Supplier or Trainer to accompany the Owner and the Talent on an assignment. This will generally be required on all filming Assignments.

4.6 The Agency will ensure that the Animal Supplier or Trainer has the necessary licences and expertise to carry out the work undertaken.

4.7 Where appropriate the Agency will book the Animal Supplier to spend time with the Talent to provide the training necessary for the Talent to perform the actions requirred by the Client.

4.8 The Agency will ensure that the safety and well being of the Talent will be paramount at all times, especially when the Talent is performing on location.

4.9 The Agency guarantees that all Animal Suppliers or Trainers employed by the Agency will adhere to the guidelines of the Animal Welfare Filming Federation. No filming or other activities will be undertaken that, according to the guidelines, will cause harm or distress to the Talent.

5. The Client’s Obligations

5.1 The Client is free to access to all the data published on the website without paying the Registration Fee. However, the Client must Register prior to any approach being made on the Client’s behalf by the Agency to the Owners.

5.2 The Client is responsible for providing full details of the requirements of the Assignment including dates and the budget prior to the Agency making any approach to the Owners.

5.3 The Client accepts that the Agency will supply an Animal Supplier, Trainer or Co-Ordinator as appropriate for the job in question, unless the Client is an Animal Supplier, Trainer or Co-Ordinator or has already appointed an Animal Supplier, Trainer or Co-Ordinator for the Assignment in question.

5.4 If the Client is providing an Animal Supplier, Trainer or Co-Ordinator to work with the Owner and the Talent, the Client must demonstrate to the satisfaction of the Agency that a competent person with the required licences who will adhere to the guidelines of the Animal Welfare Filming Federation has been appointed.

5.5 The Client agrees to pay the Agency the commission as outlined in 7.21 plus the cost of supplying an appropriate Animal Supplier, Trainer or Co-Ordinator, the cost of which will depend on the number of days required and the level of training required for the Talent.

6. General acknowledgements

6.1 Owners and Clients accept that the Agency may from time to time use direct marketing to Clients, former Clients and Owners to promote Talent and new services offered by the Agency.

6.2 The Owner hereby acknowledges that nothing in these Terms and Conditions, nor any conduct of the parties, shall create or be deemed to create or imply the relationship of employer and employee between the Agency and the Owner or Talent

6.3 The Owner hereby acknowledges that, subject to 4.1 above, the Agency is not in a position to guarantee that any Assignments will be secured, nor does the Owner expect the Agency to so guarantee and the Owner hereby confirms that no representations have been made to him/her by the Agency which have given such a guarantee

6.4 The Owner confirms that he/she consents for the Talent’s image(s) and any relevant information submitted by the Owner to the Agency to be posted on the Website or on any other web-site operated by the Agency and its management from time to time, and that such postings shall be made without any reference whatsoever to the Owner

6.5 The Owner and the Client agree that any introduction made by the Agency is subject to the Terms and Conditions of the Agreement and all bookings that result now or in the future between any parties introduced by the Agency will be subject to the 30% commission charged by the Agency to the Client as outlined in 7.21

6.6 Any breach of 6.6 will result in the immediate Termination of the Agreement between the Client and the Owner and the Agency will seek costs for the recovery of any revenue that would have been paid to the Asgency under the terms of this Agreement.

7. Payments and Fees

7.1 The Registration Fee for the Owner or Client is as stated on the Registration Form at the time of Registration. This is a one-off lifetime fee.

7.12 For the Owner the Registration Fee is per animal, animal act or group of animals, for example a flock of homing pigeons. If in doubt email
info@mytvpetsar.com for clarification.

7.13. For the Client the Registration Fee is a nominal fee per client, whether an individual or company, and must be paid prior to any bookings being confirmed with an Owner. Once the registration fee is paid this entitles the Client to book Talent via the Agency.

7.20 All negotiations between the Owner and the Client will be conducted by a representative of the Agency.

7.21 The Owner will agree a fee for the Assignment with the Agency. The Agency will charge the Client this fee plus a booking fee of 30% of the cost of booking the Talent.

7.22 Once the Client has signed a purchase order confirming the booking and paid a deposit The Client will be given the full contact details of the Owner.

7.30 All payments will be made through the Agency and Fees payable to the Owner will be made within 14 days of receipt from the Client.

7.31 Fees must be paid in full by the Client prior to the assignment unless credit terms are agreed by the Agency.

7.32 Once a deposit is paid by the Client to confirm a booking this is non-refundable unless the Owner, Talent or Animal Supplier/Trainer/Co-ordinator is unable to attend. The Owner guarantees to attend with the Talent unless prevented from doing so due to illness, force majeur or a family bereavement.

7.33 Any Fees held by the Agency are held as trustee for the Owner and Animal Supplier/Trainer/Co-ordinator and the Agency shall honour all of the rights of the Owner and Animal Supplier/Trainer/Co-ordinator in respect of those Fees as set out in the Regulations.

7.34 Where an Assignment is cancelled by the Client prior to its commencement the Agency will be entitled to collect the full Fees if cancelled within one working day of the intended start time, half of the Fees if cancelled within two working days of the intended start time but no Fees in excess of the deposit if cancelled earlier than that. All fees collected in excess of £50 will be distributed on a pro rata percentage basis between the Owner, Animal Supplier/Trainer/Co-ordinator and the Agency.

7.35 The deposit will not be re-fundable in any case where the Assignment is cancelled by the Client. All fees collected in excess of £50 will be distributed on a pro rata percentage basis between the Owner, Animal Supplier/Trainer/Co-ordinator and the Agency.

7.36 In the event that an Assignment was due to last for more than three days the Agency will collect the full Fees if this Assignment is cancelled within a period equal in length (including working days only) to that of the intended Assignment

8. Termination

8.1 Without prejudice to any other remedy or right available to it the Agency shall be entitled to terminate its Representation of the Talent at any point during the Term with immediate effect, and to remove the Talent from the Website, in the event that the Owner is in breach of any of his/her obligations within these Terms and Conditions or acts in a manner towards the Agency or any Client which is in the reasonable opinion of the Agency abusive, disruptive or otherwise unreasonable

8.2 The Owner shall be entitled to terminate the Representation of the Talent at any point during the Term by giving six months’ notice in writing save for the condition that the Talent shall be required to complete any Assignment agreed with him/her prior to notification of termination.

8.3 The Client shall be entitled to terminate the Registration at any point during the Term without notice save for the condition that the Client shall be required to complete any Assignment agreed with him/her prior to notification of termination.

8.4 Owners or Clients who have terminated and wish to re-Register at a later date may do so on payment of an Administration Fee equal to the Registration Fee, provided their original Registration was not terminated due to a breech of the Terms and Conditions.

9. General

9.1 If any clause or provision of these Terms and Conditions shall be held to be invalid or unenforceable by a court of competent jurisdiction then the remainder of these Terms and Conditions will not be affected and shall remain in force

9.2 Save for where stated otherwise any notice or other communication made by the Owner to the Agency shall be in writing and delivered by hand or post to the Company’s registered office.

9.3 Nothing in these Terms and Conditions shall be construed as constituting a partnership or joint venture between the parties

9.4 No waiver by either party of any breach of these Terms and Conditions shall be considered as a waiver of any other breach of the same or any other provision

9.5 These Terms and Conditions shall be governed by the laws of England and subject to the exclusive jurisdiction of the English courts

9.6 The Owner is solely responsible for the Content submitted or made available for inclusion through the Registration Form or subsequent email or post and the consequences of posting or publishing it.

9.7 The Agency is not responsible for the content, and makes no warranty as to the accuracy of the words and images supplied by the Owner.

9.8 Owners should always use their own judgement in deciding whether or not to apply for any of the roles advertised on this site or offered by the Agency by word of mouth or email.

9.9 Clients should always use their own judgement in deciding which Talent to book for any Assignment or Audition. The Agency shall not be liable under any circumstances for the actions of any Owner.

Terms and Conditions as published on 18-August-2010